BILL NUMBER: AB 2723	CHAPTERED  09/19/00

	CHAPTER   533
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000

INTRODUCED BY   Assembly Member Wesson

                        FEBRUARY 25, 2000

   An act to amend Sections 111080, 111170, 111175, and 111180 of,
and to add Sections 111172, 111192, and 111193 to, the Health and
Safety Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2723, Wesson.  Bottled water.
   Existing law contains labeling requirements for bottled water,
including requirements relating to the source of the water.
   Existing law also contains bottled water quality standards.
   This bill would enact bottled water and vended water labeling and
notification requirements, and would make technical nonsubstantive
changes in bottled water quality standards.  Certain of the labeling
and notification requirements would become operative on January 1,
2002.
   Under existing law, the State Department of Health Services
licenses water bottling plants.
   This bill would also permit the department, by written permission,
to allow a person to package water for use in public emergencies
without obtaining a water bottling plant license, where the emergency
has resulted in the interruption, or has compromised the quality of,
the public drinking water supply.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 111080 of the Health and Safety Code is amended
to read:
   111080.  The quality and labeling standards requirements for
bottled water and vended water, including mineral water, shall
include all standards prescribed by Section 165.110 of Title 21 of
the Code of Federal Regulations.  In addition, bottled water and
vended water, when bottled, shall comply with the following quality
standards and any additional quality standards adopted by regulation
that the department determines are reasonably necessary to protect
the public health:
   (a) Bottled water and vended water shall meet all maximum
contaminant levels set for public drinking water that the department
determines are necessary or appropriate so that bottled water may
present no adverse effect on public health.  New or revised allowable
levels or monitoring provisions adopted for bottled water by the
United States Food and Drug Administration under the federal Food,
Drug and Cosmetic Act that are more stringent than the state
requirements for bottled water are incorporated into this chapter and
are effective on the date established by the federal provisions
unless otherwise established by regulations of the department.
   (b) Bottled and vended water shall not exceed 10 parts per billion
of total triahalomethanes or five parts per billion of lead unless
the department establishes a lower level by regulation.
   (c) Bottled and vended water shall contain no chemicals in
concentrations that the United States Food and Drug Administration or
the state department has determined may have an adverse effect on
public health.
  SEC. 2.  Section 111170 of the Health and Safety Code is amended to
read:
   111170.  (a) Labeling and advertising of bottled water and vended
water shall conform with this section, Chapter 4 (commencing with
Section 110290), and applicable portions of Part 101 of Title 21 of
the Code of Federal Regulations.
   (b) Each container of bottled water sold in this state, each
water-vending machine, and each container provided by retail water
facilities located in this state shall be clearly labeled in an
easily readable format.  Retail water facilities that do not provide
labeled containers shall post, in a location readily visible to
consumers, a sign conveying required label information.
   (c) Water-vending machines, retail water facilities, and private
water sources that sell water at retail shall display in a position
clearly visible to customers the following information:
   (1) The name and address of the operator.
   (2) The fact that the water is obtained from an approved public
water supply or licensed private water source.
   (3) A statement describing the treatment process used.
   (4) If no treatment process is utilized, a statement to that
effect.
   (5) A telephone number that may be called for further information,
service, or complaints.
   (d) Bottled water may be labeled "drinking water," notwithstanding
the source or characteristics of the water, only if it is processed
pursuant to the Food and Drug Administration Good Manufacturing
Practices contained in Section 165.110 and Parts 110 and 129 of Title
21 of the Code of Federal Regulations, Sections 12235 to 12285,
inclusive, of Title 17 of the California Code of Regulations, and any
other requirements established by the department pursuant to
Sections 111145, 111150, and 111155.  Any vended water and any water
from a retail water facility may be labeled "drinking water,"
notwithstanding the source or characteristics of the water, only if
it is processed pursuant to Article 10 (commencing with Section
114200) of Chapter 4 of Part 7 and any other requirements established
by the department pursuant to Sections 111145, 111150, and 111155.

  SEC. 3.  Section 111172 is added to the Health and Safety Code, to
read:
   111172.  (a) The labeling on bottled water sold in nonreturnable
(one-way) packages in this state shall include one of the following:

   (1) A telephone number of the bottler or brand owner.
   (2) The bottler's or brand owner's mailing address.
   (b) Bottlers or brand owners may also include other forms of
contact, including, but not limited to, the bottler's or brand owner'
s E-mail address or website.
   (c) This section shall become operative on January 1, 2002.
  SEC. 4.  Section 111175 of the Health and Safety Code is amended to
read:
   111175.  (a) In addition to the requirements of Section 111170, if
a bottler, distributor, water hauler, retail water facility
operator, or vending machine operator provides information in the
labeling or advertising stating or implying that this water is of a
specific water type (for example, "spring water") or treated in a
specific manner (for example, "purified"), the type or treatment
shall be clearly labeled in an easily readable format.  In order to
be so labeled, the source or treatment shall conform to the
definitions established in Section 165.110 of Title 21 of the Code of
Federal Regulations, or, if not defined in that section, with the
following criteria:
   (1) "Mineralized water" means bottled or vended water that meets
the requirements of "mineral water" except that the water contains
added minerals.
   (2) "Natural water" means bottled or vended spring, artesian well,
or well water that is unmodified by mineral addition or deletion,
except "natural water" may be filtered and shall be sanitized with
ozone or an equivalent disinfection process and treated to reduce the
concentration of any substance that exceeds safety standards
established by the department.
   (3) "Naturally sparkling water" means bottled water or vended
water with a carbon dioxide content from the same source as the
water.  "Sparkling," "carbonated," or "carbonation added" means
bottled water or vended water that contains carbon dioxide.
   (4) Notwithstanding any other provision of this section, water
from a public water system that is unprocessed by the bottler or
vendor shall be in compliance with Section 165.110(a)(3)(ii) of Title
21 of the Code of Federal Regulations.
  SEC. 5.  Section 111180 of the Health and Safety Code is amended to
read:
   111180.  Except as provided in Section 111080, any bottled water
or vended water, the quality of which is below the quality required
by this article, shall be labeled with a statement of substandard
quality, as prescribed by subsection (b) of Section 165.110 of
Subpart B of Part 165 of Title 21 of the Code of Federal Regulations.

  SEC. 6.  Section 111192 is added to the Health and Safety Code, to
read:
   111192.  (a) Bottlers and water haulers that distribute directly
to consumers shall provide a sentence on each billing statement that
includes one of the following:
   (1) A telephone number of the bottler or brand owner.
   (2) The bottler's or brand owner's mailing address.
   (b) Bottlers or brand owners may also include other forms of
contact, including, but not limited to, the bottler's or brand owner'
s E-mail address or website.
   (c) Bottlers and water haulers that distribute directly to
consumers shall, in the billing statement, provide to new customers,
and to existing customers once per year thereafter, the following
statement:
   "As a food product, bottled water is subject to rules and
regulations promulgated by the federal Food and Drug Administration
(FDA).  For further information, please contact (insert the name of
the bottler or brand owner) at (insert the bottler's or brand owner's
telephone number or mailing address)."
   (d) Water vending machines shall display the same information on
the machines that is required under subdivisions (a) and (c).
   (e) Retail water facilities shall provide new customers the same
information that is required under subdivisions (a) and (c).  These
facilities shall also display this information in a take-home format.

   (f) This section shall become operative on January 1, 2002.
  SEC. 7.  Section 111193 is added to the Health and Safety Code, to
read:
   111193.  (a) The department may by written permission allow a
person to package water for use in public emergencies without
obtaining a water bottling license, where the emergency has resulted
in the interruption of, or has compromised the quality of, the public
drinking water supply.  This permission may authorize the suspension
of any provision of this chapter and related regulations.
   (b) (1) The department may at any time change or impose on the
permittee any requirements such as testing, equipment, and
documentation that the department deems necessary to protect public
health but in doing so shall consider the effect of those
requirements in light of the urgency of the situation.  The
department may grant or withdraw this permission at any time.
   (2) Packing, distribution, and use of water under this permit
shall only be allowed during the emergency period and shall end upon
the restoration of adequate public drinking supplies as determined by
the department.  Distribution shall be limited to the area affected.
  Water so packaged shall be prominently labeled "drinking water",
"for emergency use only", and "not for sale", or similar wording
approved by the department.
   (c) This section shall not be construed to restrict licensed water
bottling plants from providing water processed in accordance with
this chapter in emergency situations.
